BILL NUMBER: AB 2062	CHAPTERED  07/24/00

	CHAPTER   189
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   MAY 8, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Kuehl

                        FEBRUARY 22, 2000

   An act to amend Sections 12965 and 12987 of the Government Code,
relating to discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2062, Kuehl.   Discrimination.
   (1) Under existing law, the respondent named in an administrative
accusation or amended accusation brought under the California Fair
Employment and Housing Act that includes a prayer for damages for
emotional injuries or for an administrative fine, or for both, may
elect to transfer the proceedings to a court within 30 days after
service of the accusation or amended accusation.
   This bill would authorize the respondent named in an amended
accusation brought under the act to transfer the proceedings to a
court only if the accusation is amended for the purpose of adding a
prayer for damages for emotional injuries or for an administrative
fine, or for both.
   (2) Existing law requires the Fair Employment and Housing
Commission, if it finds that a respondent has engaged in any unlawful
practice under the California Fair Employment and Housing Act, to
require the respondent to cease and desist from the practice and take
actions to effectuate the purposes of the act, including, but not
limited to, the payment to the complainant of a civil penalty, not to
exceed $10,000.  In addition, the commission may award the
prevailing party, other than the government, reasonable attorney's
fees and costs.
   This bill would provide that reasonable attorney's fees and costs
may be awarded to the prevailing party against any party other than
the state, including expert witness fees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12965 of the Government Code is amended to
read:
   12965.  (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation, or
persuasion, or in advance thereof if circumstances warrant, the
director in his or her discretion may cause to be issued in the name
of the department a written accusation.  The accusation shall contain
the name of the person, employer, labor organization, or employment
agency accused, which shall be known as the respondent, shall set
forth the nature of the charges, shall be served upon the respondent
together with a copy of the verified complaint, as amended, and shall
require the respondent to answer the charges at a hearing.
   For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint.  For all other
complaints, an accusation shall be issued, if at all, within one year
after the filing of a complaint.  If the director determines,
pursuant to Section 12961, that a complaint investigated as a group
or class complaint under Section 12961 is to be treated as a group or
class complaint for purposes of conciliation and accusation as well,
that determination shall be made and shall be communicated in
writing within one year after the filing of the complaint to each
person, employer, labor organization, employment agency, or public
entity alleged in the complaint to have committed an unlawful
practice.
   (b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice.  This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization, or employment agency named in the verified
complaint within one year from the date of that notice.  If the
person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint.  A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting HIV/AIDS
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice.  The superior
and municipal courts of the State of California shall have
jurisdiction of those actions, and the aggrieved person may file in
any of these courts.  Such an action may be brought in any county in
the state in which the unlawful practice is alleged to have been
committed, in the county in which the records relevant to the
practice are maintained and administered, or in the county in which
the aggrieved person would have worked or would have had access to
the public accommodation but for the alleged unlawful practice, but
if the defendant is not found within any of these counties, an action
may be brought within the county of the defendant's residence or
principal office.  A copy of any complaint filed pursuant to this
part shall be served on the principal offices of the department and
of the commission.  The remedy for failure to send a copy of a
complaint is an order to do so.  Those actions may not be filed as
class actions or may not be maintained as class actions by the person
or persons claiming to be aggrieved where those persons have filed a
civil class action in the federal courts alleging a comparable claim
of employment discrimination against the same defendant or
defendants.  In actions brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorney's
fees and costs, including expert witness fees, except where the
action is filed by a public agency or a public official, acting in an
official capacity.
   (c) (1) If an accusation includes a prayer either for damages for
emotional injuries as a component of actual damages, or for
administrative fines, or for both, or if an accusation is amended for
the purpose of adding a prayer either for damages for emotional
injuries as a component of actual damages, or for administrative
fines, or both, the respondent may within 30 days after service of
the accusation or amended accusation, elect to transfer the
proceedings to a court in lieu of a hearing pursuant to subdivision
(a) by serving a written notice to that effect on the department, the
commission, and the person claiming to be aggrieved.  The commission
shall prescribe the form and manner of giving written notice.
   (2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest.  In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel.  Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices.  If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office.  Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
   (3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part.  This relief may include a requirement that the
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
   (4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
  SEC. 2.  Section 12987 of the Government Code is amended to read:
   12987.  (a) If the commission, after hearing, finds that a
respondent has engaged in any unlawful practice as defined in this
part, the commission shall state its findings of fact and shall issue
and cause to be served on the respondent an order requiring the
respondent to cease and desist from the practice and to take those
actions, as, in the judgment of the commission, will effectuate the
purpose of this part, including, but not limited to, any of the
following:
   (1) The sale or rental of the housing accommodation if it is still
available, or the sale or rental of a like housing accommodation, if
one is available, or the provision of financial assistance, terms,
conditions, or privileges previously denied in violation of
subdivision (f) of Section 12955 in the purchase, organization, or
construction of the housing accommodation, if available.
   (2) Affirmative or prospective relief, including injunctive or
other equitable relief.
   (3) The payment to the complainant of a civil penalty against any
named respondent, not to exceed ten thousand dollars ($10,000)
unless, in a separate accusation, the respondent has been adjudged to
have, with intent, committed a prior violation of Section 12955.  If
the respondent has, in a separate accusation, been adjudged to have
committed a prior violation of Section 12955 within the five years
preceding the filing of the complaint, the amount of the civil
penalty may exceed ten thousand dollars ($10,000), but may not exceed
twenty-five thousand dollars ($25,000).  If the respondent, in
separate accusations, has been adjudged to have, with intent,
violated Section 12955 two or more times within the seven-year period
preceding the filing of the complaint, the civil penalty may exceed
twenty-five thousand dollars ($25,000), but may not exceed fifty
thousand dollars ($50,000).  All civil penalties awarded under this
provision shall be collected by the department.  The commission may
award the prevailing party, other than the state, reasonable
attorneys' fees and costs against any party other than the state,
including expert witness fees.
   (4) The payment of actual damages to the complainant.
   (b) No remedy shall be available to the aggrieved person unless
the aggrieved person waives any and all rights or claims under
Section 52 of the Civil Code prior to receiving a remedy, and signs a
written waiver to that effect.
   (c) The commission may require a report of the manner of
compliance.
   (d) If the commission finds that a respondent has not engaged in
any practice which constitutes a violation of this part, the
commission shall state its findings  of fact and shall issue and
cause to be served on the complainant an order dismissing the said
accusation as to such respondent.
   (e) Any order issued by the commission shall have printed on its
face references to the provisions of the Administrative Procedure Act
which prescribe the rights  of appeal of any party to the proceeding
to whose position the order is adverse.
